Deck 10: Trial Courts: How Civil Cases Begin

Question 1

Why is a pyramid a useful shape to describe the disputing process in the United States?

Answer 1

Not Answer

Question 2

Medical malpractice lawsuits are an example of:

A) no-win torts
B) low stakes litigation
C) high stakes litigation
D) guaranteed lawyer fees

Answer 2

C

Question 3

Court?annexed compulsory arbitration is designed to:

A) increase the geographic jurisdiction of a court
B) increase the caseload for annexation courts
C) provide a speedier, less expensive alternative to courts
D) provide criminal suspects with an additional appeal

Answer 3

A

Question 4

Galanter visualizes civil justice as:

A) an adversarial contest
B) a disputing pyramid
C) a funnel-like process
D) a test of wills
E) a forum for negotiations

Question 5

Describe and evaluate two proposed changes to the civil legal system (tort reform).

Question 6

Hiring a lawyer automatically means a dispute will result in a lawsuit.

Question 7

Tort reform has traditionally been a state legal matter.

Question 8

Compare and contrast the view that Americans are "too quick to sue" with the view that everyone deserves "equal access to the civil legal system."

Question 9

The Congress is active in establishing tort reform at the national level.

Question 10

Critics charge that community courts:

A) are too formal
B) are too informal
C) result in lengthy delays
D) make work for too many lawyers

Question 11

Mass tort litigation involves:

A) charges by lawyers about the media
B) the dual use of criminal sanctions
C) very large sums of money
D) the application of standard legal norms

Question 12

During the last decade, tort filings in many states have been:

A) decreasing rapidly
B) increasing rapidly
C) staying relatively constant
D) fluctuating widely

Question 13

Stella Liebeck's jury verdict against McDonalds was substantially reduced by the courts.

Question 14

Is the United States suffering from a litigation explosion? Explain your answer.

Question 15

What contribution can political science make to the debate about reforming the civil legal system?

Question 16

The median verdict in automobile tort cases is around:

A) $15,000
B) $25,000
C) $55,000
D) Over $100,000

Question 17

Mass tort cases are complicated because of:

A) the problem of causation
B) the absence of lawyers
C) the small number of parties
D) an inability to mobilize litigants

Question 18

Limits on punitive damages are an example of:

A) stare decisis
B) common law evolution
C) policy litigation
D) tort reform

Question 19

Describe two factors that influence a person's decision to sue.

Question 20

Few people support Alternative Dispute Resolution.

Question 21

Discuss the differences between mediation and arbitration as forms of alternative dispute resolution.

Question 22

Why did the Supreme Court reduce the punitive damages awarded by a jury to victims of the Exxon Valdez oil spill?